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Mineral and Energy Resources (Common Provisions) Act 2014
sec.146Amendment of agreed joint development plan
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### sec.146 Amendment of agreed joint development plan
An agreed joint development plan may be amended by agreement at any time.
A resource authority holder mentioned in this part who receives a proposal for an amendment of an agreed joint development plan must negotiate in good faith about the amendment.
A resource authority holder who can not obtain a proposed amendment of an agreed joint development plan under this section may apply for arbitration of the dispute to the extent it relates to a relevant matter.
Subsection (5) applies if an amendment of an agreed joint development plan, whether by agreement under this section or by arbitration, provides for a cessation, or significant reduction or increase, of—
mining under the ML (coal); or
production under the PL.
Within 20 business days after making the amendment, the resource authority holders must jointly give the chief executive a written notice that—
states that the joint development plan has been amended; and
if there is a cessation or significant reduction of mining under the ML (coal) or production under the PL—includes, or is accompanied by, a statement about—
whether the cessation or reduction is reasonable in the circumstances; and
whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.
s 146 amd 2016 No. 30 s 43
(sec.146-ssec.1) An agreed joint development plan may be amended by agreement at any time.
(sec.146-ssec.2) A resource authority holder mentioned in this part who receives a proposal for an amendment of an agreed joint development plan must negotiate in good faith about the amendment.
(sec.146-ssec.3) A resource authority holder who can not obtain a proposed amendment of an agreed joint development plan under this section may apply for arbitration of the dispute to the extent it relates to a relevant matter.
(sec.146-ssec.4) Subsection (5) applies if an amendment of an agreed joint development plan, whether by agreement under this section or by arbitration, provides for a cessation, or significant reduction or increase, of— mining under the ML (coal); or production under the PL.
(sec.146-ssec.5) Within 20 business days after making the amendment, the resource authority holders must jointly give the chief executive a written notice that— states that the joint development plan has been amended; and if there is a cessation or significant reduction of mining under the ML (coal) or production under the PL—includes, or is accompanied by, a statement about— whether the cessation or reduction is reasonable in the circumstances; and whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.
- (a) mining under the ML (coal); or
- (b) production under the PL.
- (a) states that the joint development plan has been amended; and
- (b) if there is a cessation or significant reduction of mining under the ML (coal) or production under the PL—includes, or is accompanied by, a statement about— (i) whether the cessation or reduction is reasonable in the circumstances; and (ii) whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.
- (i) whether the cessation or reduction is reasonable in the circumstances; and
- (ii) whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.
- (i) whether the cessation or reduction is reasonable in the circumstances; and
- (ii) whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.